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    <title>1991 (3) TMI 393 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=193318</link>
    <description>A mere agreement to sell a motor vehicle did not transfer ownership because the contractual conditions for sale and transfer remained unfulfilled; the insured therefore continued as owner and the insurer remained liable under the policy. The insurer could not avoid indemnity on the basis of an unlicensed driver because it had to plead and prove a wilful breach of the policy condition, and no such proof was shown. Cross-objections filed by the claimants in the insurer&#039;s appeal were held incompetent. The award in favour of the claimants was sustained and the insurer&#039;s challenge failed.</description>
    <language>en-us</language>
    <pubDate>Mon, 11 Mar 1991 00:00:00 +0530</pubDate>
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      <title>1991 (3) TMI 393 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=193318</link>
      <description>A mere agreement to sell a motor vehicle did not transfer ownership because the contractual conditions for sale and transfer remained unfulfilled; the insured therefore continued as owner and the insurer remained liable under the policy. The insurer could not avoid indemnity on the basis of an unlicensed driver because it had to plead and prove a wilful breach of the policy condition, and no such proof was shown. Cross-objections filed by the claimants in the insurer&#039;s appeal were held incompetent. The award in favour of the claimants was sustained and the insurer&#039;s challenge failed.</description>
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      <pubDate>Mon, 11 Mar 1991 00:00:00 +0530</pubDate>
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